North Crossing Community Association Homeowners and Residents,
We would like to provide an update regarding access to the North Crossing Community Association Pool under the current directives necessitated by the COVID-19 pandemic.
Your Board of Directors has given careful and thorough consideration to the impacts of the Governor's Executive Orders, the County Executive's Orders, the Maryland Department of Health Directives/Orders, and the risks of individual and collective health and the financial burdens of compliance. The Board of Directors has made the difficult decision that the North Crossing Community Association Pool will not re-open for the remainder of the 2020 season.
Please review the (4) information points below as they better explain the issues, concepts, and constraints surrounding the formation of this decision. This unanimous board decision was a difficult one to make, but the health and safety of our community must be our focus at this time.
First - in order to make a fully informed decision, the Board of Directors considered information provided by our pool management company, community management, Association legal counsel, Association insurance broker, the Center for Disease Control (CDC), the Maryland Department of Health (MDH) and other local and state resources.
The North Crossing Community Association, Inc. ("HOA") is a nonstock corporation and is considered a business under basic legal principles. The purpose of the HOA is to provide for the upkeep of the Common Area (community facilities including the fields, sidewalks, roadways, swimming pool, playgrounds, etc.); promote and provide for the health, safety, convenience, comfort and the general welfare of the community; impose, collect, and disburse dues for the effective maintenance and operation of the association; and exercise all powers and perform duties and obligations of the Association. The Board of Directors is the executive and administrative entity with the authority and responsibility to act on behalf of the Association. Clagett Management is empowered to act as an agent of the HOA but does not act without direction and guidance from the Board of Directors.
Second, as an established business, the HOA must follow guidance from Maryland Governor Hogan in response to previously issued Executive Orders and must take the necessary steps to comply with applicable requirements established by Executive Order. Frederick County is just entering Stage II under the Amended Executive Order 20-06-10-01 issued by the Governor on June 10th, 2020. Frederick County Executive Jan Gardner has also issued an order that supports the requirements set forth in the Governor's Order.
Third, we are unsure of what phase, policies, or guidelines will be implemented or modified throughout the summer/fall as directed by the Frederick County Executive and the Maryland Department of Health. Opening the pool could potentially result in a gross waste of Homeowner Association funds. The mandatory operating requirements present challenges for compliance - requiring full disinfection multiple times a day and after every use as well as practicing routine cleaning and disinfection of the common use and high contact areas and hard surfaces, including but not limited to doorknobs, tables, chairs, light switches, handrails, floors, restrooms, pool furniture and other equipment. It is important to remember that those additional duties require additional staff, at an added unbudgeted expense to the HOA.
In the case of the swimming pool, hiring additional staff would be necessary so the lifeguards' attention is not taken away from their primary responsibility of patron surveillance and injury prevention that would result in having a negative effect on pool operations. Hiring of additional staff would also be needed to ensure social distancing, in and out of the pool, ensuring masks are being worn when not in the pool, and operating a secure entrance and separate exit. Additionally, there is no personal protective equipment (PPE) available for pool staff which would be a major issue in the event of a water rescue or in the performance of CPR. The lifeguards would be the first responders with little or no protection from the transmission of COVID-19. Lastly, should there be a significant incident of pool water or facility contamination by fecal matter, vomit, blood, mucus, etc., we are not equipped to appropriately sanitize the area(s) with any definitive certainty due to the limited understanding of COVID-19 transmissions.
Fourth, after consultation with Association legal counsel, the Association insurance provider, and the management company, it has been determined that the HOA insurance coverage does not cover damages due to sickness and would expose our HOA to liability that cannot be recovered. This could further potentially result in significant impact on Association funds. This impact would be realized thru the cost of legal fees to defend or dismiss an action even if ultimately deemed not legally accountable for damages.
With so much uncertainty, we hope that you, our members, understand that the decision is not made lightly. While there is a downward trend of new COVID-19 cases in the county, our area of Frederick county still has the highest total number of positive COVID-19 cases reported. Our responsibilities as directors is guided by preserving corporate assets, demanding a more cautious approach. While it is our duty as the Board to not only make sound financial decisions, it is also our duty to make difficult decisions especially when the safety and health of our neighbors is at risk. The safety and well-being of our community is our top priority.
Thank you for your understanding and support as we navigate this recovery and we will update the community should the status of any of the community facilities change. We are already in the process of calculating the refund that we will be getting from Continental Pools and will be applying it as a line item against next year’s assessments to help keep them low and ensure the money is utilized for the best interest of the community. The North Crossing Board & Clagett Management have been working with Continental Pools since the end of the 2019 season into 2020 to complete a large improvement project to the community pool in the hope to benefit the 2020 season. These improvements will benefit our community for the 2021 Pool Season. All other services in the community will continue to operate on their normal schedule. Your board appreciates your feedback and comments on this matter and all HOA matters. Please send them to northcrossinghoa@gmail.com or contact our property manager Lynn Smith at lsmith@clagett.com
Best Regards,
North Crossing Community Association Board of Directors